The European Patent Office (EPO) has recently issued a new decision relating the filing of applications and other documents wherein the submission of color or grayscale drawings in European applications is allowed when they are filed electronically. This decision is effective as of October 1, 2025.
It should be remembered that the EPO, until now, required that drawings preferably be outlined and in black and white, and, in any case, that they have well-defined lines, high contrast, and perfectly visible if they are in grayscale. However, colored drawings where not allowed.
This change will have a significant impact on the European Patent validation process in Spain. To harmonize requirements between the EPO and the SPTO, the SPTO will require that drawings be submitted in color or grayscale, provided they have been granted and published by the EPO.
It is noted that this change does not apply to PCT applications, where the requirements for delineated drawings with clearly differentiated lines, without shading, and without color will continue to apply. For this reason, we continue recommending that patent applicants ensure that drawings, both in European and national patent applications, comply with the requirements of the PCT.
Issues like the one mentioned make it advisable to seek specialized advice in order not to jeopardize a patent application. For more information on procedures before the EPO, please do not hesitate to contact our Patent Department.
Carlos Baños
Patent Department
